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(영문) 청주지방법원 2018.06.01 2017노1375
부동산실권리자명의등기에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. With respect to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name (misunderstanding of the facts), the Defendant concluded a title trust agreement with Defendant B (hereinafter “B”) with respect to the forest of this case, which is 26,253m2 (hereinafter “the forest of this case”) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, North Korea, and concluded with Defendant B (hereinafter “B”), and completed the registration of ownership transfer in the name of B, and the lower court convicted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2. The lower court determined that the Defendant entered into a trust agreement with B with respect to the forest of this case and completed the registration of transfer of ownership in the name B, upon examining the records in detail of the judgment of the lower court in detail, the lower court determined that the Defendant completed the registration of transfer of ownership in the name of B. In addition, the lower court erred by misapprehending the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, B, the fact that he/she entered into a title trust agreement with respect to the forest of this case and completed the registration of transfer of ownership in his/her name, but although he/she stated to the effect that he/she is not the Defendant but G (see, e.g., Article 42 of the trial record), although he/she appeared as a witness at the court of the lower court and did not clearly respond to the question where the right to registration of the forest of this case is currently located (see, e., Supreme Court Decision 112 pages of the trial record).

Therefore, the defendant's assertion is without merit.

3. Conclusion.

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